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07 February 2019 / Ian Smith
Issue: 7827 / Categories: Features , Employment
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Employment law brief: 7 February 2019

Ian Smith serves up a turbo-charged, non-biased update on recent case law & substantive procedural matters

  • ASDA Stores (1): the comparison point. ASDA Stores (2): the procedural point.
  • Extension of time for appealing to the EAT: computer problems and ill health.
  • Apparent bias at ET hearing.
  • Much of the case development in recent employment law has concerned mainstream substantive matters such as employment/worker status and contractual and statutory rights on dismissal. However, for a change the four cases (three Court of Appeal and one Employment Appeal Tribunal (EAT)) considered this month show that other substantive areas and procedural matters must not be overlooked, even if they may seem at times to have gone to sleep. The first two concern the same litigation—namely the ‘ASDA cases’ on equal pay—the third is a Court of Appeal case on extension of time for appealing to the EAT, and the fourth is an EAT case on when robust exchanges between Bench and Bar do and (more importantly) do not constitute apparent bias.

    Comparison matters

    In the group action

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    MOVERS & SHAKERS

    Jurit LLP—Caroline Williams

    Jurit LLP—Caroline Williams

    Private wealth and tax team welcomes cross-border specialist as consultant

    Freeths—Michelle Kirkland Elias

    Freeths—Michelle Kirkland Elias

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    Flint Bishop—Deborah Niven

    Flint Bishop—Deborah Niven

    Firm appoints head of intellectual property to drive northern growth

    NEWS
    Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
    The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
    A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
    After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
    Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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